Mayourian v. Tanaka

OPINION OF THE COURT

Memorandum.

Judgment insofar as appealed from unanimously affirmed without costs.

Defendant entered into a two-year lease to rent plaintiffs townhouse, beginning in March 1998, for $2,300 a month. Glen Cove placed a garbage dumpster in front of the townhouse and the odors emanating from the dumpster caused defendant to surrender the townhouse at the end of December 1998. Plaintiff subsequently rented the townhouse in April 1999 and com*279menced this action to recover, inter alia, rent for January, February and March 1999. Defendant counterclaimed for his $4,600 security deposit.